{"id":368955,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/federal-or-state-court-subject-matter-jurisdiction.html"},"modified":"2026-07-06T15:19:56","modified_gmt":"2026-07-06T20:19:56","slug":"federal-or-state-court-subject-matter-jurisdiction","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/federal-or-state-court-subject-matter-jurisdiction.html","title":{"rendered":"Federal or State Court: Subject Matter Jurisdiction"},"content":{"rendered":"\n
\n

Federal or State Court: Subject Matter Jurisdiction<\/h1>\n\n
\n
\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Jurisdiction is a legal term that means a court’s power or authority to hear a case. You must file your lawsuit with a court that has jurisdiction. Depending on the facts of your civil case, you may file in a state court or a federal court.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The power of federal and state courts to hear cases is significant. Federal laws, state laws, the Constitution of the United States, and every single state’s constitution have rules about this power. These laws and constitutions also limit those courts’ power to hear cases.<\/p>\n

If a court determines it has a lack of\u00a0subject matter jurisdiction<\/a>, it has no legal authority to pass judgment on the case. The court must have both subject matter jurisdiction (the power to hear the type of case) and\u00a0personal jurisdiction<\/a>\u00a0(the power over the parties to the case).<\/p>\n

This article will provide you with the information you need to decide whether to file your civil action in federal or state court. If you aren’t sure where to file a civil lawsuit, check with an experienced litigation attorney<\/a> first. A lawyer can guide you through this process.<\/p>\n

What Happens if I File in the Wrong Court?<\/h2>\n

If you file your case in the wrong court, the defendant may request to\u00a0transfer<\/a>\u00a0it to a proper court. This could affect your desired outcome. It could also move the case so far away that it becomes inconvenient for you to litigate. Alternatively, the defendant may request that the court\u00a0dismiss<\/a>\u00a0the case altogether.<\/p>\n

If the court transfers your case, you likely must refile it in the proper court. This could potentially affect your case significantly. For example, if you filed your initial case within the\u00a0statute of limitations<\/a>\u00a0(the time limit you have in which to file a case), you should have no problems filing your case in the proper court. But suppose the statute of limitations runs before you refile the case. The defendant may then request to dismiss your case before you can argue your side.<\/p>\n

Who Can Challenge Jurisdiction?<\/h3>\n

Any party can challenge whether a court has jurisdiction over a lawsuit. In fact, the court must always ensure it has proper jurisdiction over a dispute and the parties. If it determines it does not, the court will dismiss the case on its own (sua sponte<\/a>).<\/p>\n

How Does the Court System Work?<\/h3>\n

FindLaw’s\u00a0Court Directories article<\/a>\u00a0provides more information about our court system. Specifically, it explains the U.S. Supreme Court, appellate courts, and district courts. It also explains how cases generally start in the trial court, how the court of appeals generally hears the first appeal, and how either the state supreme court or the U.S. Supreme Court hears final appeals.<\/p>\n

Jurisdiction of the Federal Courts<\/h2>\n

In almost all situations, if you have a\u00a0civil case<\/a>, you will likely file it in a state court close to you. Federal courts are courts of limited jurisdiction. This means they can only hear certain types of cases.<\/p>\n

Congress has the power to\u00a0set each court’s jurisdiction. Per\u00a0Article III<\/a>\u00a0of the\u00a0U.S. Constitution<\/a>\u00a0and the\u00a0Federal Rules of Civil Procedure<\/a>, federal subject matter jurisdiction covers two types of cases, as explained below.<\/p>\n

Federal Question Cases: Cases That Arise Under a Federal Law<\/h2>\n

Federal courts have original subject matter jurisdiction over all cases arising under any federal law. These cases are based on federal statutes.<\/p>\n

Here are some examples to clarify federal questions:<\/p>\n